Search for "New France"

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Communauté des biens

Communauté des biens (community of property), term used in the legal codes of NEW FRANCE and Québec to describe the pooled assets of husband and wife. It began as part of the Coutume de Paris, introduced about 1640 and the sole legal code of the colony after 1664.

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Coutume de Paris

Coutume de Paris, the customary law of the Prévoté et Vicomté de Paris (written 1510; revised 1580), was a code of law first introduced to what is now Canada by the COMPAGNIE DES CENT-ASSOCIÉS in 1627.

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Constitutional History of Canada

The Constitution of Canada is the country’s governing legal framework. It defines the powers of the executive branches of government and of the legislatures at both the federaland provincial levels. Canada’s Constitution is not one legal document. It is a complex mix of statutes, orders, British and Canadian court decisions, and generally accepted practices known as constitutional conventions. The Constitution has been in constant evolution from colonial times to the present day. The story of the Constitution is the story of Canada itself. It reflects the shifting legal, social and politicalpressures facing Canadians, as well as their choices as a society.

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Commercial Law

Commercial law is that branch of private law concerned primarily with the supply of goods or services by merchants and other businesses for profit. Textbooks on commercial law frequently differ on the range of topics treated in them.

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Law of the Sea

Law of the Sea, for about 300 years, was to a large extent determined by principles of customary law. Coastal states claimed sovereignty over a narrow belt of territorial sea; on the rest of the seas (the "high seas"), the basic principle of freedom of the seas reigned.

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Law Reform

Law reform is the process of ensuring that law meets the needs of the society it is designed to serve. The process may involve updating by repealing old and obsolete enactments, consolidating or rationalizing an area of law, or even proposing entirely new concepts.

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Organized Crime in Canada

Organized Crime is defined in the Criminal Code of Canada as a group of three or more people whose purpose is the commission of one or more serious offences that would "likely result in the direct or indirect receipt of a material benefit, including a financial benefit, by the group." But perhaps a more succinct definition was given by a former United States mob boss who described it as "just a bunch of people getting together to take all the money they can from all the suckers they can."

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Consumer Law

The branch of law concerned with the supply of goods and services in the most comprehensive sense for the personal use or consumption of individuals and their families is called consumer law.

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Property Law

Property, in the legal sense, can mean real property in the form of land and buildings, or personal, movable property. Property law — whether under the common law in most of Canada, or the Civil Code in Quebec — deals with a wide range of rights and obligations owing to individuals and governments, and has evolved enormously, particularly in fairness to women, since the 19th Century.

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Meech Lake Accord

In 1987, Prime Minister Brian Mulroney attempted to win Quebec’s consent to the revised Canadian Constitution. The result was the Meech Lake Accord. It was an agreement between the federaland provincial governments to amend (change) the Constitution. The Accord proposed strengthening provincial powersand declaring Quebec a “distinct society.” The Accord was never put into effect. Political support for it unravelled in 1990. Many Québécois saw the Accord’s failure in English Canada as a rejection of Quebec. Support for separatism soared in Quebec and led to the 1995 Quebec Referendum.

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Hate Propaganda

In Canada, the public promotion of hate against identifiable groups and the advocacy of genocide is, under certain conditions, a criminal offence, punishable by up to 2 years' imprisonment.

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Employment Law

Employment law in Canada generally refers to the law governing the relationship of an individual employee to an employer, as distinguished from LABOUR LAW, the law of unionized COLLECTIVE BARGAINING relationships.

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Peace, Order and Good Government

“Peace, order and good government” is a phrase that is used in section 91 of the British North America Act of 1867 (now called the Constitution Act, 1867). It offers a vague and broad definition of the Canadian Parliament’s lawmaking authority over provincial matters. Since Confederation, it has caused tensions between federal and provincial governments over the distribution of powers. The phrase has also taken on a value of its own with Canadians beyond its constitutional purpose. It has come to be seen as the Canadian counterpart to the American “life, liberty and the pursuit of happiness” and the French “liberty, equality, fraternity.”

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Medical Ethics

Medical ethics are concerned with moral questions raised by the practice of medicine and, more generally, by health care.